HomeMy WebLinkAboutR-2002-001 Transfer of fire protection assets from Fire District No. 12 to the City due to the South 72nd Avenue AnnexationRESOLUTION NO. R-2002- 01
A RESOLUTION relating to fire protection and annexation and finding that the
South 72nd Avenue Annexation will impose a significant increase in
the fire suppression responsibilities of the City of Yakima, with a
corresponding reduction in fire suppression responsibilities by
Yakima County Fire Protection District No. 12, and initiating the
RCW 35.02.205 process for transfer from Yakima County Fire
Protection District No. 12 to the City of Yakima of fire protection
assets paid for by properties in the South 72nd Avenue Annexation.
WHEREAS, the South 72nd Avenue Annexation became effective on January 4, 2002;
and
WHEREAS, RCW 35.02.205(1) provides, in pertinent part
A distribution of assets from the fire protection district to the city ... shall
occur as provided in this section upon the annexation ... of an area by the
city ... that constitutes less than five percent of the area of the fire
protection district upon the adoption of a resolution by the city .. .
finding that the annexation ... will impose a significant increase in the
fire suppression responsibilities of the city ... with a corresponding
reduction in fire suppression responsibilities by the fire protection
district. Such a resolution must be adopted within sixty days of the
effective date of the annexation ... [underlining added];
and
WHEREAS, the South 72nd Avenue Annexation includes less than five percent of the
area of Yakima County Fire Protection District No. 12 (West Valley) ("FPD#12"); and
WHEREAS, the South 72nd Avenue Annexatiol will impose a significant increase in the
fire suppression responsibilities of the City of Yakima with a corresponding reduction
in the fire suppression responsibilities of FPD#12; and
WHEREAS, FPD#12 acquires fire protection assets with revenues from taxes and
assessments levied upon real property, so that each parcel of property within FPD#12
has helped to pay for and has a corresponding interest in FPD#12's assets; and
WHEREAS, when the fire protection jurisdiction of real property changes by
annexation, the interest such annexed property has in fire protection assets it has
helped pay for should result in transfer of a proportionate share of such assets from the
fire district to the annexing jurisdiction, so the annexed property will continue to be
protected by fire district assets derived from the fire district's property tax levy and
other revenues based on property in its jurisdiction; and
WHEREAS, if such distribution does not occur, annexed properties would be deprived
of fire protection assets derived from property taxes, levies, and other assessments paid
in respect of the annexed properties; and
WHEREAS, it is in the best interests of the City, including especially the properties
which comprise the South 72nd Avenue Annexation, and the owners, residents and
other occupants of those annexed properties, that the City of Yakima seek from FPD#12
distribution of FPD#12 fire protection assets proportionate to the value of the annexed
properties, as provided by RCW 35.02.205; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council finds that the South 72nd Avenue Annexation will impose a significant
increase in the fire suppression responsibilities of the City of Yakima, with a
corresponding reduction in fire suppression responsibilities of FPD#12 and authorizes
and directs the City Manager or his designee to pursue the RCW 35.02.205 process with
FPD#12 for a distribution of FPD#12 fire protection assets proportionate to the value of
the annexed properties to assure that the annexed properties are not deprived of fire
protection assets their property taxes and other assessments paid.
ADOPTED BY THE CITY COUNCIL this 8th day of January 2002.
,�.
Mayor
ATTEST:
Karen S. Roberts, City Clerk
C:\Karen's Files \ RESOLUTIONS \ PETERSON \ S 72nd Ave Annex FPD assets.doc Last printed 1/2/2002 8:57 AM
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of 01/08/2002
ITEM TITLE: A RESOLUTION relating to fire protection and annexation and
finding that the South 72nd Avenue Annexation will impose a
significant increase in the fire suppression responsibilities of the city,
with a corresponding reduction in fire suppression responsibilities by
the fire protection district.
SUBMITTED BY: Al Gillespie, Fire Chief
CONTACT PERSON/TELEPHONE: Larry Peterson,
Assistant City Attorney 565-6030
SUMMARY EXPLANATION: Under RCW 35.02.205, in respect of the S. 72nd
Avenue (or most other) annexation(s), in order to have any legally enforceable claim
to any assets of the relevant fire district, the City must formally assert (by resolution
within 60 days of the effective date of the annexation) that the annexation changes
fire protection burdens significantly.
The proposed resolution states that properties which are annexed have, in effect,
purchased fire protection assets by paying the EMS levies and real property taxes
levied by the fire district. Annexation should not deprive those properties of the
assets they have paid for.
The proposed resolution would make the finding required by RCW 35.02.205, and
would position the City to negotiate with Fire Protection District 12 for a distribution of
assets.
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source l J
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt proposed resolution.
BOARD/COMMISSION RECOMMENDATION: N/A
COUNCIL ACTION:
